Analisis metode jual beli online melalui metode Flash Sale di Shopee Lazada dan Tokopedia dalam perspektif hukum Ekonomi Syariah

Rifai, Ahmad (2024) Analisis metode jual beli online melalui metode Flash Sale di Shopee Lazada dan Tokopedia dalam perspektif hukum Ekonomi Syariah. Masters thesis, UIN Sunan Gunung Djati Bandung.

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Abstract

The high public interest in online shopping has caused many new e-commerce websites to emerge in Indonesia, one of which is Shopee. Currently, many retail buying and selling platforms in Indonesia such as Tokopedia, Lazada, Shopee, and others are intensively using flash sale promotions as a weapon to attract consumer attention. This flash sale is one of the marketing strategies that benefit companies and consumers. But on the other hand, there are concerns about fraudulent practices or so-called tadlis, fraud and other practices that can harm consumers / buyers when conducting flash sales in online marketplaces. The purpose of this study is to determine the online buying and selling system through the flash sale method in the marketplace and to find out the supporting and inhibiting factors in organizing flash sales at Shopee, Lazada, and Tokopedia marketplace as well as to find out the legal products of buying and selling online through the Flash Sale method in the marketplace in the perspective of sharia economic law. Descriptive method of analysis with qualitative type of research. The research approach used in this study is empirical juridical. The sources of information used as a reference in this study include primary data and secondary data. The data acquisition procedure is carried out through three methods, namely interviews, documentation, and literature search. The data analysis is carried out through three stages, namely data reduction, data presentation, and conclusion deduction. This research uses several theories, including Sharia economic law theory (grand theory) about buying and selling onlie, legal effectiveness theory (middle theory), namely MUI fatwas. The results of this study show that a fast marketing strategy through the use of flash sales, causes consumers to be easily tempted without thinking about the risks in transactions so that many are deceived by the flash sale method held at Shopee, Lazada and Tokopedia. Fraudulent practices or so-called tadlis can harm consumers / buyers when doing flash sales at Shopee, Lazada and Tokopedia, so many people feel uncomfortable when doing this. This is evidenced by the seller displaying fake prices or incorrect discount percentages, items not matching the description, inappropriate estimated delivery time. The factors that cause tadlis are lack of consumer awareness of manipulation, and abuse of impulse buying behavior in the online environment and lack of strict regulations in the e-commerce industry can provide loopholes for tadlis practices. The law of buying and selling online through the flash sale method in the perspective of Syriac economic law is not forbidden, as long as the seller and buyer are satisfied, and no harm is caused to either party. In addition, there must be no element of usury, fraud, speculation, or ignorance, and the goods sold must be lawful and not harm anyone.

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